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SERAP threatens INEC chairman with lawsuit if electoral offenders are not prosecuted

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Independent National Electoral Commission (INEC) Chairman, Professor Mahmood Yakubu is faced with legal threats from the Socio-Economic Rights and Accountability Project (SERAP).
Socio-Economic Rights and Accountability Project (SERAP) demanded Independent National Electoral Commission (INEC) compliance with court judgement.
  • Socio-Economic Rights and Accountability Project (SERAP) has issued a warning to Chairman Mahmood Yakubu over non-compliance with a court ruling to prosecute offenders of  electoral bribery during the 2023 elections
  • The advocacy group cited ongoing electoral bribery and violence as detrimental to Nigeria’s democracy
  • SERAP emphasised the urgent need for Independent National Electoral Commission (INEC) to act within seven days to avoid legal consequences

The Socio-Economic Rights and Accountability Project (SERAP) has issued a stern warning to the Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, threatening legal action if the Commission fails to swiftly enforce a court ruling that mandated the prosecution of those involved in bribery and electoral offences during the 2023 general elections.

This warning was outlined in a statement dated September 28, 2024, signed by SERAP Deputy Director Kolawole Oluwadare. The letter expressed concern over INEC's alleged disregard for the court’s judgment, calling it intolerable.

INEC violates Nigerian constitution by ignoring court judgment, SERAP

“Obeying the court judgment would go a long way in protecting the integrity of our electoral and legal systems.” 

“By ignoring the court judgment, INEC under your leadership is violating the provisions of Section 287 of the Nigerian Constitution 1999 [as amended], which imposes a binding obligation on all authorities and persons in Nigeria to comply with the verdicts of all courts,” the statement read in part. 

SERAP highlighted that recurring cases of electoral bribery and violence undermine the integrity of Nigeria’s electoral process and participatory democracy. The organisation cited reports from civil society organisations (CSOs) and election observers regarding allegations of bribery and violence during the Edo State governorship election as evidence of these issues.

Electoral violations threaten trust in Nigeria’s democracy

The advocacy group also expressed alarm at INEC’s continued failure to implement the court’s decision, warning that this inaction is aggravating electoral offences in various states. The group noted that the widespread impunity for electoral violations, exemplified by the recent Edo State election, threatens to erode trust in Nigeria’s democracy.

In the statement, SERAP also reiterated that it would initiate legal proceedings if INEC fails to prosecute those involved in bribery and other electoral offences.

The court ruling in question was delivered by Justice Obiora Egwuatu on July 18, 2024. The judgment, in favour of SERAP, reportedly instructed INEC to appoint an independent counsel to investigate allegations of electoral offences such as bribery, vote-buying, conspiracy, and undue influence involving governors and their deputies during the 2023 general elections.

INEC must act on recommended measures, SERAP

Additionally, the court directed INEC to expedite the prosecution of all electoral offenders from the 2023 elections currently in the custody of the Nigeria Police Force, the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices Commission (ICPC), and other law enforcement agencies.

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider pursuing contempt proceedings against you and INEC for your continuing failure to obey the court judgment.” 

Obeying court judgment would combat allegations of electoral offences

“SERAP is concerned that suspected perpetrators of grave electoral offences, including those in the off-cycle governorship elections in Kogi, Imo, and Bayelsa states, continue to enjoy impunity.” 

“Obeying the judgment would prevent and combat allegations of electoral offences such as those witnessed in the recently concluded governorship election in Edo state and the seriously flawed local government elections in several states,” the statement read. 

SERAP files lawsuit against top Nigerian lawmakers over alleged mismanagement of public funds

Meanwhile, TheRadar earlier reported that the Socio-Economic Rights and Accountability Project (SERAP) reported that National Assembly members are allegedly determining their salaries and allowances, with running costs being paid directly into their personal accounts. 

The organisation filed legal action against Senate President Akpabio and House Speaker Abbas for the alleged misuse of public funds. 

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Halima Adeosun is a news writer with over 5 years of experience reporting insightful events, and human interest stories.

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